India records highest number of Internet shutdowns globally in 2023

Posted 17 May 2024

2 min read

Report released by a Virtual Private Network tracker ‘Top 10VPN’ highlighted that internet was completely affected for 7,956 hours in India, impacting around 59.1 million users.

Legal framework for Internet Shutdown in India

Internet shutdown is primarily imposed under Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 and Section 144 of the Code of Criminal Procedure (CrPC), 1973.
Any order for suspension of Telecom Services shall be issued only by Union Home Secretary or State Home Secretary.
- In unavoidable circumstances such order may be issued by an officer, not below the rank of a Joint Secretary to the Union Government, who has been duly authorised by abovementioned officials.
Ground of such orders includes public emergency, public safety, sovereignty and integrity of India, etc.
Further, 2017 rules also provide for constitution of review committee headed by Cabinet Secretary and State Chief Secretary for Union and State governments, as the case may be.
Despite the enactment of these Suspension Rules in 2017, Internet shutdowns have continued to be imposed under Section 144 of CrPC at the District Magistrate level rather than Home Secretary level.

Important Judicial pronouncement

Anuradha Bhasin vs. UoI (2020): Supreme Court held that freedom to practice any profession or carry on any trade, business, or occupation over the medium of Internet enjoys Constitutional protection under Article 19(1)(a) and Article 19(1)(g).

Key recommendations [Parliamentary Standing Committee (2021)]

Selective banning of services: Selectively restrict the use of certain services instead of banning the internet as a whole.
Effectiveness of internet shutdowns: Conduct study on the impacts of internet shutdowns and its effectiveness in dealing with public safety and public emergency.